A legal framework enabling virtual court appearances and remote testimony is being introduced under a new amendment to Sri Lanka’s criminal procedure, Justice Minister Harshana Nanayakkara said in Parliament today.
The Justice Minister made these comments during the Second Reading of the Code of Criminal Procedure (Amendment) Bill, which was taken up in Parliament today.
The Amendment to the Bill will empower the Magistrate or the Judge of the High Court to record remote testimony of a witness by contemporaneous audio-visual linkage during the inquiry or trial in court, he said. The Judicial Service Commission and the Ministry of Justice have intervened to formulate the relevant provisions in this regard.
“This is a very common technique, without having to appear in person before the court, but through contemporary visual media. Even if you’re a young person today, what would you do if you had WhatsApp, video conferencing, or something like Skype? This was very common during the time of Zoom meetings. But our law had not changed. So the main thing in this Bill is, how do you give evidence through audio-visual media from a remote location without bringing a suspect or witness to court? This is a bill that has been created to address issues such as how to maintain its credibility,” he explained.
Justice Minister Nanayakkara pointed out that the judges, especially during the COVID-19 pandemic, conducted cases through Zoom technology, taking into account the circumstances, even though there was no provision in the law.
“Today, we have brought all those things to a legal basis. Now, especially the lawyers and relevant people, need to understand that under Article 144, the requirement to appear in person before the court can be waived. This is for cases such as the extension of the detention period. We know that after remanding a suspect for two weeks, he must be brought back to court for remand. But after this bill, you can do it online. You can hear a bail application. Now you don’t have to come to court. If there is a request to be made in an investigation or a criminal case, there is no need to summon the suspect on that day,” he added.
Nanayakkara also noted that unfortunate that the new provisions will also ensure the safety of witnesses, and help to avoid unfortunate events such as the recent courtroom assassination of underworld figure Ganemulla Sanjeewa. (Newswire)